In response to a clerk error where a registrar declined an appeal due to improper court fee payment, the tribunal allowed the appeal and set aside the decline order after the appellant produced proof of paying the deficit amount on the same date.
The appeal was allowed and the decline order dated 02.05.2023 was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Chamber Appeal No. 12/2023
In
AIR 35/2023
Vp Thamaraiselvi Vs A.O., Dhanalaksmi Bank Ltd. And 2 Others
06/10/2023
This Appeal is against the decline Order dated 02.05.2023 of Registrar of DRAT.
Heard Advocate for Appellant.
It is submitted that the main objection is with regard to Court Fee and Appellant only paid Rs.250/-, whereas Office insisted for Rs.30,000/-. It is submitted, according to Appellant, the Court Fee paid is correct. But, however, to avoid difficulty, Appellant paid Court Fee on 02.05.2023, but, due to communication gap, the same was not intimated to Office before passing the decline Order.
Advocate for Appellant produced copy of receipt dated 02.05.2023 paying the deficit amount of Rs.29,750/-, and according to Office, said amount is received on the same day.
Considering the same, Chamber Appeal No. 12/2023 is allowed and decline Order dated 02.05.2023 is set aside.
Office to Register AIR 35/2023, if it is otherwise, in order.
Sd/-
ChairPerson
2 issues framed by the court
Whether the appeal can be allowed despite the registrar's order of decline due to a technical deficiency regarding the payment of court fee.
Whether the appellant's subsequent payment of the court fee deficit cures the procedural defect that led to the decline order.
Vp Thamaraiselvi
A.O., Dhanalaksmi Bank Ltd.
ChairPerson
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
